Charitable Collections Policy

4.1: There is no statutory charge for the issue of a street collection permit or house to house collection licence.

4.2: When deciding whether to grant a licence or permit, consideration will be given to the following:

• if the collection is linked to specific events in the area
• if the collection is linked to a nationwide campaign
• if the collection will benefit local good causes, local hospices, community fundraising, etc.
• if the collection is being held on behalf of a national charity, is there likely to be some benefit to the residents of Buckinghamshire Council
• what proportion of funds collected will be applied for purely charitable purposes
• if a licence has been previously refused by Buckinghamshire Council or any other Local Authority

4.3: Applications for licences or permits relating to emergency disasters will be considered on a case to case basis.

4.4: Details of issued permits and licences will be made available on the Council’s website.

4.5: The Licensing Authority can refuse or revoke a licence or permit for a number of reasons, including the following:

• if too high a proportion of the proceeds are to be spent on expenses
• if not enough of the proceeds are to be given to the charity or cause
• if the applicant or holder of the licence has refused or failed to provide the Authority with information as required by the application process
• the grant of a licence would be likely to facilitate the commission of an offence under Section 3 of the Vagrancy Act 1824
• the applicant or the holder of the licence has been convicted of or cautioned for a relevant criminal offence.
• there is evidence of non-compliance with any requirements or legislation in relation to a previously issued licence or consent.
• the applicant or the holder of the licence has failed to exercise due diligence to ensure that the collectors are fit and proper, to secure compliance with the provisions of the House to House Regulations, or to prevent prescribed badges or certificates of authority being obtained by persons other than persons so authorised

4.6: In addition to the above, the following additional notes are included for guidance to applicants to ensure that applications can be processed quickly and efficiently:

• any financial information provided in relation to the proportion of the proceeds which will be donated to charity must be clear and transparent. It is likely that an application will be refused if the Authority cannot be confident in any information or calculations provided in this respect.
• the Authority must also be satisfied that the amount given to the charity is adequate in relation to the proceeds received. A declaration will be required from the benefitting charity confirming either that a proper balance has been achieved between costs and the amount being donated to charitable causes (where collections are carried out by the charity itself) or that the charity has carried out due diligence and is satisfied with the level of remuneration going to charitable causes (where collections are carried out by commercial organisations on behalf of the charity).
• if required returns have not been supplied to the Authority following previous licensed collections within the Council area by the same organisation or individual, it is likely that further applications will be refused.

4.7: In exercising its discretion in carrying out its regulatory functions, the Council will have regard to this policy.

4.8: Notwithstanding the existence of this policy, each application will be accepted and determined on its own merits based on the principles set out in this policy.

4.9: Where it is necessary for the Council to depart substantially from this policy, clear and compelling reasons for doing so will be given. Departure from the policy may be permitted in accordance with this section if it is considered necessary to do so in specific circumstances.

4.10: Decisions to refuse an application or revoke a licence or permit are delegated to appropriately trained and authorised officers. Any such decision will be notified to the applicant in writing, setting out the grounds for refusal or revocation.

4.11: Any person aggrieved by the refusal to grant an application or revoke a permit for a street collection should appeal against the decision within fourteen days from the date on which the notice is given. Any appeal must be made to the Head of Licensing Services at Buckinghamshire Council and their decision will be final.

4.12: Any person aggrieved by the refusal to grant an application or revoke a licence for a house to house collection may appeal against the decision within fourteen days from the date on which the notice is given. Any appeal must be made to the Secretary of State and the Secretary’s decision will be final.

4.13: Charities are generally expected to be registered with the Charity Commission or be a recognisable charitable organisation.

4.14: Where a statement of return has been “Nil” (unless in the case of a cancelled collection) or there has been a failure to return the statement of return to the Council within the statutory period, subsequent applications are likely to be refused.

4.15: If a collection is cancelled by the organisation and a collection licence/permit has been issued, the licence must generally be returned to the Council at least 7 days prior to when the collection is due to take place. Failure to do so may result in future applications being refused.

4.16: All house to house collections will be conducted in accordance with all relevant legislation and specifically the Regulations set out at Appendix 1.

4.17: It is an offence for any person to promote or make collections from house to house without the promoter first obtaining a licence from the Licensing Authority. Anyone acting as a collector where there is not a licensed promoter also commits a criminal offence. Offences are punishable by penalties ranging from a fine of up to £200 or in some cases up to six months imprisonment and a fine of up to £1,000.

4.18: All street collections will be conducted in strict accordance with the Street Collection Regulations made by the Council which are set out at Appendix 3.

4.19: Any person who acts in contravention of any of the street collection regulations shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale (£200) or in the case of a second or subsequent offence a further fine not exceeding level 1 (£200) on the standard scale.

4.20: It is recognised that well-directed enforcement activity by the Council benefits not only the public but also responsible collectors and permit or licence holders.

4.21: The Council will operate a proportionate enforcement regime in accordance with the Council’s enforcement policy which is available here.

4.22: With regard to charitable collections, the Council aims to:

• safeguard the interests of both public donors and beneficiaries
• facilitate well-organised collections by bona fide charitable institutions and ensure that good standards are met
• prevent unlicensed collections from taking place
• ensure that when collecting money it is collected in appropriate vessels only, contactless payment devices are acceptable providing the device clearly and prominently displays the name of the beneficiary.
• ensure that collectors are properly authorised
• ensure that the proceeds of a collection are properly accounted for
• ensure that the Licensing Authority receives, within the prescribed timescales, the statutory returns

4.23: The responsibility for the overall supervision of house to house and street collections lies with the Head of Licensing Services.